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HomeMy Public PortalAbout03/11/2011MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Muriel J. Anderson Fred B. Devitt III Chris D. Wheeler _ REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE THE TOWN OF GULF STREAM ON FRIDAY, MARCH 11, 2011 AT IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA FLORIDA. AGENDA I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes. A. Regular Meeting of February 4, 2011. B. Special Meeting of March 1, 2011 March 3, 2011 TOWN COMMISSION OF 11:00 A.M. ROAD, GULF STREAM, V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. April 8, 2011 @ 9 A.M. 2. May 13, 2011 @ 9 A.M. 3. June 10, 2011 @ 9 A.M. 4. July 8, 2011 @ 9 A.M. 5. August 12, 2011 @ 9 A.M. 6. September 9, 2011 @ 9 A.M. VII. Reports. A. Town Manager B. Architectural Review & Planning Board 1. Meeting Dates a. March 24, 2011 @ 8:30 A.M. b. April 28, 2011 @ 8:30 A.M. c. May 26, 2011 @ 8:30 A.M. d. June 23, 2011 @ 8:30 A.M. e. July28, 2011 C. Finance Director 1. Financial Reports a. January 2011 b. February 2011 2. Water Usage as of 1 -31 -11 D. Police Chief 1. Activity for February 2011 VIII. Items for Commission Action. A. Resolution No. 011 -3; A Resolution of the Town Commission of the Town of Gulf Stream, Palm Beach County, Supporting Police Officer and Firefighter Pension Plan Reforms. B. Items by Mayor & Commissioners IX. Public. X. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 MAYOR: VICE MAYOR: COMMISSIONER William F. Koch, Jr. Joan K. Orthwein Muriel J. Anderson Fred B. Devitt III Chris D. Wheeler REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 11, 2011 AT 11:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes. A. Regular Meeting of February 4, 2011. B. Special Meeting of March 1, 2011 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. April 8, 2011 @ 9 A.M. 2. May 13, 2011 @ 9 A.M. 3. June 10, 2011 @ 9 A.M. 4. July 8, 2011 @ 9 A.M. 5. August 12, 2011 @ 9 A.M. 6. September 9, 2011 @ 9 A.M. VII. Reports. A. Town Manager B. Architectural Review & Planning Board 1. Meeting Dates a. March 24, 2011 @ 8:30 A.M. b. April 28, 2011 @ 8:30 A.M. c. May 26, 2011 @ 8:30 A.M. d. June 23, 2011 @ 8:30 A.M. e. July28, 2011 C. Finance Director 1. Financial Reports a. January 2011 b. February 2011 2. Water Usage as of 1 -31 -11 D. Police Chief 1. Activity for February 2011 VIII. Correspondence A. Resolution No. 11 -11; A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Urging All Palm Beach Citizens and the Elected Officials and Leadership of Various Palm Beach County Governmental Bodies To Do All Things Within Their Power To Bring the Palm Beach County Sheriff's Office and the Palm Beach County School District Under the Oversight of the Office of Inspector General to Facilitate Prudent and Restrained Budget Governance With Reduced Fraud and Waste; Setting Forth Instructions For Distribution Of This Resolution; Providing An Effective Date. -Town of Palm Beach IX. Items for Commission Action. A. Resolution No. 011 -3; A Resolution of the Town Commission of the Town of Gulf Stream, Palm Beach County, Supporting Police Officer and Firefighter Pension Plan Reforms. r - AGENDA CONTINUED B. Resolution No. 011 -4; A Resolution of the Town Commission of the Town of Gulf Stream, Palm Beach County, Florida, Declaring Zoning in Progress Relating to Recently Annexed Lands Within The Town of Gulf Stream Consisting of Approximately 16.6 Acres, Also -Known As the "South Pocket ", So As To Allow A Study To be Undertaken In Regard To Comprehensive Plan Policies Relating To Said Areas And Zoning Regulations Relating Thereto; Requiring That No Building Permits Be Issued By The Town During The Period That Zoning Is In Progress For Any Project Which May Be In Contravention Of Any Proposal Under Study; Providing An Effective Date. C. Items by Mayor & Commissioners. X. Public. XI. ' Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 11, 2011 AT 11:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to order. Mayor Koch called the meeting to order at 11:00 A.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by the Mayor. III. Roll Call. Present and William F. Koch, Jr. Mayor Participating Joan K. Orthwein Vice -Mayor Chris D. Wheeler Commissioner Muriel J. Anderson Commissioner Fred B. Devitt, III Commissioner Also Present and William H. Thrasher Town Manager Participating Rita L. Taylor Town Clerk Garrett J. Ward Police Chief John Randolph Town Attorney IV. Minutes. A. Regular Meeting of February 4, 2011. B. Special Meeting of March 1, 2011. Commissioner Anderson moved and Vice -Mayor Orthwein seconded to approve the Minutes of the Regular Meeting of February 4, 2011 and the Minutes of the Special Meeting of March 1, 2011. There was no discussion. All voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. Town Manager, William Thrasher, stated that there were changes to the Agenda, as follows: Item X "Adjournment" is renumbered to Item XI; Item IX "Public" is renumbered to Item X; Item VIII "Items for Commission Action" is renumbered to Item IX; Item VIII.A. "Resolution No. 011 -3" is renumbered to Item IX.A; Item VIII.B. "Items by Mayor & Commissioners" is renumbered as Item IX.C; and, "Resolution No. 011 -4 ", a Resolution by the Town of Gulf Stream for Zoning in Progress is added as Item IX.B. Item VIII is renamed to read "Correspondence" and Resolution No. 11 -11, a Resolution by the Town of Palm Beach, is added as Item VIII.A. Town Clerk, Rita Taylor, distributed the Amended Agenda to the Commissioners. VI. Announcements A. Regular Meetings and Public Hearings 1. April 8, 2011 @ 9 A.M. 2. May 13, 2011 @ 9 A.M. 3. June 10, 2011 @ 9 A.M. 4. July 8, 2011 @ 9 A.M. 5. August 12, 2011 @ 9 A.M. 6. September 9, 2011 @ 9 A.M. Mayor Koch asked the Commissioners if there were any conflicts in the meeting schedule. Commissioner Wheeler stated that he will not be available for the April 8, 2011 meeting. There were no other conflicts. Regular Meeting and Public Hearing Town Commission - March 11, 2011 Page 2 VII. Reports. A. Town Manager Mr. Thrasher said the Town has not yet received Assessment Methodology for undergrounding from the consultants. He asked for guidance in this matter, stating that the Assessment Methodology is very complex and difficult to explain, and it may be challenged. Mr. Thrasher asked the Commissioners if they wanted to schedule a work session for the purpose C; of having the consultants give an Assessment Methodology presentation, or would they prefer the consultants give their presentation during a Regular Commission Meeting. Commissioner Wheeler suggested the Assessment Methodology be presented during a Regular Meeting and if it becomes cumbersome and difficult to understand, they would schedule a work session. The Mayor and Commissioners agreed. Mr. Thrasher said the standard renewal of the GeoCast Contract (Reverse 911 Contract) with Palm Beach County is due. He said the new contract has been received and reviewed by staff and Mr. Randolph and renewal is recommended. There is an annual fee of $1,500 for this service. Mr. Thrasher asked for authorization for Mayor Koch to sign the contract renewal when he is comfortable with the content. Commissioner Anderson said that residents typically do not use or answer their land line in an emergency and suggested that cell phone numbers be used on the call list. Commissioner Devitt suggested using the Town's Newsletter to remind Gulf Stream residents to contact Town Hall and provide staff with the best number to reach them in the event of an emergency. Vice -Mayor Orthwein moved and Commissioner Devitt seconded to authorize Mayor Koch to sign the contract. There was no discussion. All voted AYE. B. Architectural Review & Planning Board 1. Meeting Dates a. March 24, 2011 @ 8:30 A.M. b. April 28, 2011 @ 8:30 A.M. c. May 26, 2011 @ 8:30 A.M. d. June 23, 2011 @ 8:30 A.M. e. July 28, 2011 Clerk Taylor said the Architectural Review and Planning Board will hold the March 24th meeting and results of that meeting will be provided to the Commissioners in their next meeting packet. C. Finance Director 1. Financial Reports a. January 2011 Mr. Thrasher asked that the January 2011 Report be approved as C) submitted. He said the January Report was prepared in time for the February Meeting, but Commissioners did not have time to review and approve the Report. Commissioner Anderson asked if the Town breaks even on water sales. Mr. Thrasher said the objective is to break even, but sometimes we are either a little above or a little below. We do not anticipate making a lot of money, but we do not expect to lose money. Mr. Thrasher said this is monitored regularly and we have had some mid- year adjustments; however there is no recommendation to do so at this time. Commissioner Devitt moved and vice -Mayor Orthwein seconded to approve the January 2011 Report. There was no discussion. All voted AYE. Regular Meeting and Public Hearing Town Commission - March 11, 2011 Page 3 b. February 2011 Mr. Thrasher asked that the February 2011 Report be approved as submitted. Commissioner Devitt moved and Commissioner Anderson seconded to approve the February 2011 Report. There was no discussion. All voted AYE. 2. Water Usage as of 1 -31 -11 There was no discussion. C D. Police Chief 1. Activity for February 2011 Chief Ward asked that the Activity Report for as submitted. There was no discussion. The submitted. VIII. Correspondence. February 2011 be accepted Report was accepted as A. Resolution No. 11 -11; A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Urging All Palm Beach Citizens and the Elected Officials and Leadership of Various Palm Beach County Governmental Bodies To Do All Things Within Their Power To Bring the Palm Beach County Sheriff's Office and the Palm Beach County School District Under the Oversight of the Office of Inspector General to Facilitate Prudent and Restrained Budget Governance With Reduced Fraud and Waste; Setting Forth Instructions For Distribution Of This Resolution; Providing An Effective Date. -Town of Palm Beach Clerk Taylor read Resolution No. 11 -11 in title and said a similar resolution was prepared for Gulf Stream if the Commission would like to support Palm Beach. Commissioner Wheeler asked where the oversight is provided for these two entities. Mr. Thrasher said they did not join in and they are exempt. None of their budget dollars are used to fund the cost of the Inspector General's Office and the Ethics Commission, which makes the cost higher for everyone that did join in. Mayor Koch said the Town should not have voted in favor. Commissioner Wheeler said he supports the Town of Palm Beach and moved to adopt a similar resolution by the Town of Gulf Stream. Clerk Taylor said the Resolution No. is 011 -5. Mayor Koch said he is not in favor of adopting the resolution because he feels it would support the Inspector General's Office without knowing what the Inspector General can do and how it could affect the Town. He said City Managers have met and have Cquestions concerning this matter and he would like answers to those 0 questions before adopting a resolution. Commissioner Wheeler said the Town is already under the Inspector General's oversight and a resolution would only be in support of placing the Sheriff's Office and the School District under the same oversight. Mr. Thrasher said the residents voted for this, it was a dual referendum vote and all municipalities were in favor. The Inspector General has already doubled her staff and the Executive Director has had a 10% increase. He said these are things we should have considered before the vote and now we should consider how best to manage our costs, and it will reduce our costs if these two entities join in. Commissioner Wheeler said his motion still stands. Mayor Koch said it is the principal of the matter. Mr. Thrasher said Regular Meeting and Public Hearing Town Commission - March 11, 2011 Page 4 the Mayor is correct, and Managers are challenging the Ordinance as it relates to Home Rule Authority and the whole Commission - Manager concept. He said the Ordinance as he understands it would allow the Inspector General to just walk in and start directing staff. Although she has said she does not intend do that, the Ordinance gives her that power and Managers feel that the Ordinance should be changed, but it is a separate issue. Mr. Randolph agreed that it is a separate issue and has nothing to do with the proposed resolution; however, the proposed resolution must be read by title. Clerk Taylor read Resolution No. 011 -5 in title, presented for adoption this 11th day of March, 2011. Vice -Mayor Orthwein seconded Commissioner Wheeler's motion to adopt Resolution No. 011 -5. Roll Call: Vice -Mayor Orthwein, AYE; Commissioner Devitt, NO; Commissioner Anderson, NO; Commissioner Wheeler, AYE; and, Mayor Koch, NO. The adoption of Resolution No. 011 -5 failed by a vote of 3 - 2 not in favor. Mayor Koch said the way the Ordinance currently reads, it gives the Inspector General too much power and it may be changed if challenged in court. IX. Items for Commission Action. A. Resolution No. 011 -3; A Resolution of the Town Commission of the Town of Gulf Stream, Palm Beach County, Supporting Police Officer and Firefighter Pension Plan Reforms. Clerk Taylor read Resolution No. 011 -3 in title, presented for adoption this 11th day of March, 2011. Mr. Thrasher said that based on the present pension requirements through the State of Florida there are certain unfunded mandates. This does not pertain to the Town of Gulf Stream because the Town does not have a pension plan, it has a defined contribution system, but many municipalities have a pension plan and they feel that present law is unfair because it creates unfunded mandates and their ability to use 178/175 money is restricted. This resolution is a show of support of those who have retirement plans and who are asking the State to get involved and help them with the legislature for modification. Mr. Randolph it is in support of providing municipalities more flexibility to deal with their own police and fire pension plans. He said the last WHEREAS clause on the first page reads, "WHEREAS, the municipalities are not seeking a handout from the Legislature, but are instead asking the Legislature to untie their hands so they can address their pension issues locally and in a manner O that best serves their citizens." vice -Mayor orthwein moved and Commissioner Wheeler seconded to adopt Resolution No. 011 -3. There was no discussion. All voted AYE. B. Resolution No. 011 -4; A Resolution of the Town Commission of the Town of Gulf Stream, Palm Beach County, Florida, Declaring Zoning in Progress Relating to Recently Annexed Lands Within The Town of Gulf Stream Consisting of Approximately 16.6 Acres, Also Known As the "South Pocket ", So As To Allow A Study To be Undertaken In Regard To Comprehensive Plan Policies Relating To Said Areas And Zoning Regulations Relating Thereto; Requiring That No Building Permits Be Issued By The Town During The Period That Zoning Is In Progress For Regular Meeting and Public Hearing Town Commission - March 11, 2011 Page 5 Any Project Which May Be In Contravention Of Any Proposal Under Study; Providing An Effective Date. Clerk Taylor read Resolution No. 011 -4 in title, presented for adoption this 111h day of March, 2011. Commissioner wheeler moved and Vice -Mayor Orthwein seconded to adopt Resolution No. 011 -4. There was no discussion. All voted AYE. C. Items by Mayor & Commissioners. GVice -Mayor Orthwein said a group of younger residents in Town have inquired about speed bumps, mainly on Gulf Stream Rd. by the school, and she wanted to get an idea of how everyone feels about liability. Mayor Koch said he is not in favor of speed bumps and said parents should stay off cell phones and pay attention to the speed limit. Vice -Mayor Orthwein said the Town speed limit is 20 MPH and some residents do not stay within the limit. Mayor Koch said it is a law enforcement issue. Chief Ward agreed and said there is considerable liability involved with speed bumps. He said they frequently run radar on Gulf Stream Rd. and have not caught any speeders. Vice -Mayor Orthwein said the residents who complained may attend the next Commission meeting. She said Golfview Rd. and other areas are also a problem. Commissioner Wheeler said he is not in favor of speed bumps, but the City of Delray Beach has some traffic - calming effects in place which the Town could look into. Commissioner Anderson stated that she had conversations with Roberta Horowich of Palm Beach, Gail Coniglio who is the Mayor of Palm Beach, and Marci Nolan of Ft. Lauderdale, concerning the Town of Gulf Stream and Annexation prior to the Annexation vote. Mr. Randolph said disclosure of ex -parte communications is required when you hold a quasi - judicial hearing, such as an application for a variance or special exception of site plan review. He said Commissioner Anderson did not vote on annexation, she only allowed the annexation matter to go forward, so there is no obligation on her part to disclose ex -parte communications. He added that when you disclose ex -parte communications, you must include who you spoke to and you must be more specific concerning what you talked about. X. Public. Mr. Robert Ganger, President of the Gulf Stream Civic Association, said out of 36 municipalities, Gulf Stream voted lowest in favor of the Office of Inspector General. He said if we were more effective in communicating the pros and cons, residents would have had a better understanding of the issue and it could have been a negative vote. Mr. �i Ganger said the Commission must consider ways of effectively communicating pros and cons to residents concerning issues on which they will be voting, without taking a stand. XI. Adjournment. Commissioner seconded to adjourn the meeting. approximate y 11:35 A.M. ai C. Abbale Administrative Assistant Devitt moved and Commissioner Wheeler The meeting was adjourned at